Jurisdiction- is a judgment void on its face if the court has no jurisdiction on defendant based on location of court?

Asked over 1 year ago - Bakersfield, CA

Plaintiff is a vendor providing goods to defendant for resale. Plaintiff lives in Ventura County. Plaintiff's business is in Ventura County. Defendant lives in Kern County. Defendants business is in Kern County. Plaintiff sues defendant for payment not received on goods provided- limited civil in Ventura County Court. Does the court have jurisdiction in this matter?

Attorney answers (2)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . "Does the court have jurisdiction in this matter?" -- Yes. Jurisdiction is different from venue. In any event venue may be proper in both counties particularly in a commercial transaction.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Robin Mashal

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon a legal advice.

    I agree with my colleague. The Ventura County Superior Court likely can assert personal jurisdiction over your business located in Kern County. The venue may also be proper in Ventura County based on an argument that payments were due there. However, if you feel the venue is improper, you may timely bring motion for transfer of venue. Keep in mind that if you improperly seek transfer of venue, you may end up owing attorney's fees or costs to the Plaintiff. Take a look at California Code of Civil Procedure section 396b (see link below). Be sure to consult your own attorney to protect your legal rights.

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